Civil Aviation Legislation Amendment (Part 117) Regulation 2013
Select Legislative Instrument No. 222, 2013
I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Civil Aviation Act 1988.
Dated 05 August 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Anthony Albanese
Minister for Infrastructure and Transport
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments 2
Civil Aviation Regulations 1988 2
Civil Aviation Safety Regulations 1998 2
1 Name of regulation
This regulation is the Civil Aviation Legislation Amendment (Part 117) Regulation 2013.
2 Commencement
This regulation commences on 4 December 2013.
3 Authority
This regulation is made under the Civil Aviation Act 1988.
4 Schedule(s)
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Civil Aviation Regulations 1988
1 Regulation 210
Repeal the regulation.
Civil Aviation Safety Regulations 1998
2 After Part 115
Insert:
Part 117—Representations and surveys
Contents of Part 117
117.005 What this Part is about
117.010 Misrepresentations about holding certain civil aviation authorisations
117.015 Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations
117.005 What this Part is about
This Part provides for offences for:
(a) misrepresentations about holding certain civil aviation authorisations; and
(b) not completing safety‑related surveys or questionnaires.
117.010 Misrepresentations about holding certain civil aviation authorisations
(1) A person commits an offence if:
(a) the person represents to another person, in any way, that the person is willing to conduct an activity using an aircraft; and
(b) the person does not hold a particular civil aviation authorisation authorising the person to conduct the activity using the aircraft; and
(c) under the Act or these Regulations, it is an offence for a person to conduct the activity using the aircraft if the person does not hold the civil aviation authorisation.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Note: For the definition of civil aviation authorisation, see section 3 of the Act.
117.015 Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations
(1) CASA may, by written notice given to a person mentioned in subregulation (2), direct the person to:
(a) complete a safety‑related survey or questionnaire by accurately answering all mandatory questions in the survey or questionnaire; and
(b) submit the completed survey or questionnaire to CASA within the time stated in the notice.
(2) For subregulation (1), the persons are the following:
(a) the holder of an AOC;
(b) a Part 141 operator who conducts flight training in aircraft.
(3) The person may, before the end of the time stated in the notice, apply in writing to CASA for an extension.
(4) CASA may, by written notice given to the person (the notice of extension), grant the extension.
(5) The person commits an offence if the person does not comply with the direction within:
(a) if CASA grants an extension under subregulation (4)—the time stated in the notice of extension; or
(b) if paragraph (a) does not apply—the time stated in the notice under subregulation (1).
Penalty: 25 penalty units.
(6) An offence against this regulation is an offence of strict liability.
